Frequently Asked Questions
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I am no longer a tenant; do I still have a claim?
Even if you are no longer a tenant, if in the last 6 years you paid a tenancy deposit and your previous Landlord or their agent did not protect it within 30 days of your giving the deposit then you have a claim. Please use our free Claim Checker to know for sure.
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Are my details safe and confidential?
Yes, all details are kept strictly confidential and we will never share your information with third parties. For further information please see our Privacy & Data Protection Policy.
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Do you charge to review claims?
No, our review of your claim questionnaire is completely free
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How long will it take to discover if I have a claim?
This is dependent on the quality of the information provided to us. If we have full details of a tenancy agreement, we can check within 48 hours and get back to you.
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How long will it take to recover my money if I do have a claim?
Our recent experience would estimate around 12 to 24 weeks from the date of issue. However, this depends on the attitude of the landlord and whether they settle without court proceedings, in which case it may only take a few weeks.
To start with we issue a claim letter and aim to issue proceedings 16 days later if we do not receive a response or have an unsatisfactory response. If we have to issue proceedings, then time frames will depend on available court time
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How much could I receive?
Generally, the maximum you could can get is up to 3 times the amount of the deposit that you paid. However, this can be greater if there were repeated breaches.
For example, if you paid a deposit for the first tenancy which the landlord did not protect, the tenancy was renewed and the same deposit again was not protected again. Then you can get up 6 times the deposit amount, 3 times for each of the Landlord's failure to protect the deposit.
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Will this affect future tenancy agreements I wish to make?
No, not at all. If you do have any such issues contact us and we will resolve it.
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Do I need contact my landlord or agent directly?
No, we will make contact with them directly, you don't need to worry about anything once you've signed up.
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Does it matter how my deposit was paid or who it was paid by?
No, we review all claims regardless of how the deposit was paid, or who it was paid by.
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What do you need from me to pursue a claim?
Any information that you can provide us regarding your tenancy deposit will help make your claim easier. We would ask for your details, the property details, landlord details, tenancy agreement specifics and some supporting documentation (such as the tenancy agreement itself and proof of payment of the deposit). You can see further on Start Claim.
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Could you still pursue a claim if I don't have any of my paperwork?
As a general rule, we need to see the tenancy agreement to establish the tenancy and evidence of deposit payment. In certain circumstances, we may be able to ask the landlord or their agent to provide a copy of the tenancy agreement.
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Does it matter if I received my deposit back or not?
No, we can investigate a claim regardless of whether you received your original deposit amount back.
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Do I have to go to court myself?
Usually not – if you choose to instruct us, we will handle the entire claim process on your behalf.
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How does this affect me if I had a joint tenancy?
The key is who paid the deposit as they will be the claimant. If payment was made jointly, then we would need to be instructed by both tenants or one would need to provide us with written authorisation to act for one tenant as agent of the other.
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Do you recover unprotected deposits for students?
Yes, we recover unprotected deposits for anyone in the private sector rented accommodation.
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Can I still claim if my tenancy was over 6 years ago?
Possibly in limited circumstance but we can't make any guarantees. But we are happy to look at the documentation and advise
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Do I have to pay you?
If we believe you have a valid claim and you wish to instruct us, we will act on your behalf in return for a percentage of the compensation we recover for you. Our fee is taken upon successful completion from the damages received. There may also be an After The Event (ATE) Insurance fee if you take the same out. Note that this is only payable if your claim is successful
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Does the Landlord or agent pay my legal fees?
The insurance industry persuaded the government that successful Claimants should have to pay their own success fees when instructing solicitors on a no win no fee basis, such success fees are capped at a percentage of damages awarded. Despite opposition from Claimant Solicitors and organisations and a formal challenge in the Court of Appeal, the Government refused to change their stance and as such applicable changes to the law came into effect from 1st April 2013
What this means in practical terms is that at the conclusion of your claim the Solicitors will deduct their agreed capped charge from your damages awarded for your deposit and statutory penalty. The capped charge will be determined at the outset of your claim and discussed with you in detail by the solicitors. The capped fee ranges from 25%, 35% or 50% of any successful award. If work done on a time basis exceeds this figure then the solicitors will not charge you the balance as you have an agreement for charges to be capped.
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Will I have to pay anything else at the conclusion of my claim?
Generally, no, but it may be possible. Whilst the no win no fee agreement covers you for your legal fees, there remains a possible liability for the other side's costs and your own disbursements even if you are awarded damages. This could happen if, for instance, the third party make a formal offer to settle known as a “Part 36” offer and that offer is rejected but it is later shown that the offer was reasonable and should have been accepted or in the event there is a successful counterclaim/set off against your claim.
In effect your awarded damages may be all used in paying the other side's costs. We must add that costs orders against Claimants are not frequent as our solicitors provide thorough advice when an offer or a defence is received so that a quality decision can be made at that point.
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Can I protect myself against the risk of paying third party costs & my own disbursements?
Yes. If you do not already have a good Before the Event Insurance Policy (BTE), then our solicitors will offer an After the Event Insurance Policy (ATE) that provides bespoke cover. The premiums tend to be reasonable if taken out at the point of instruction. In the case of tenancy claims the premium is £150 including tax. They have negotiated terms so that the premium payable is deferred to the conclusion of your claim so there is no payment up front just a deduction from your damages upon successful conclusion. Further, in the event you are not successful with your claim then the policy pays for itself.
The full terms and conditions of the ATE Policy can be found in the Insurance Policy, a copy of which will be provided by your solicitors if the insurance option is selected. We would urge you to read and retain the same.
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What if I still have some questions about the funding of my claim?
Please do not hesitate to contacting us. We will explain the funding options as many times as you require until you are satisfied and fully understand the process and your options
Contact Us
Registered office address
CLAIM DEPOSIT LTD,
Company number 14944662,
971 Stockport Road, Manchester, England, M19 3NP
Email Us
claim@claimdeposit.co.uk
Call Us
+44 7440217958
